Case Details

Citation(s)
1989 SLG 465 1989 SLD 465 1989 SCMR 233 1989 SLD 1021 1989 SCMR 233
Supreme Court of Pakistan
Civil Petition forLeave to Appeal No. 237-K of 1987, decision dated: 7-09-1988
ABDUL KADIR SHAIKH AND SHAFIUR RAHMAN, 71

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MOOSA

VS

Mst. ZOHRA BAT

Law:

Section:

Sind Rented Premises Ordinance (XVII of 1979)--S. 15--Ejectment--Bona fide personal requirement--Landlady not owner of property but daughter of owner and as daughter of owner her locus standi was substantially beyond dispute and her need could be a valid ground for obtaining eviction of tenant. S.M. Abbas, Advocate-on-Record for Petitioner. Nemo for Respondent. _ Date of hearing: 7th September, .1988. JUDGMENT SHAFIUR RAHMAN, J.--The Petitioner, a tenant now ejected from the premises, seeks leave to appeal against the judgment of the Sind High Court dated 16-2-1987 whereby his appeal against the eviction order was dismissed. The Respondent obtained an Order of eviction of the Petitioner on the ground that she was landlady/owner of the Shop premises and was in bona fide personal need of it. The ground now taken up by the learned counsel for the Petitioner is that the Respondent was only a landlady and not the owner of the property and personal need had necessarily to be of the owner and not of the landlady. This specific objection was rejected by the High Court by ohservine as hereunder:- "The first above-noted contention of the learned counsel is without substance inasmuch as not only that he did not dispute the ownership of the appellant in the written statement but even in the memo. of appeal filed in this Court it is clearly stated by him under the heading `Facts of the case' that the applicant/respondent is the owner and landlady of shop…
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